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UNACHAL PRADESH INFORMATION COMMISSION ITANAGAR

BEFoRETHEcouRToFDR.JoRAMBEG|,STATEcH|EFINFoRMAT|oNcoMM|ssloNER No.APlC-159/2020 Dated ltanagar' the 9th March'2021

Under Section 19(3) RTI Act, 2005

Respondent Appellant Shri Taluk Rai, Shri Tanga Byaling, The PIO-cum-EE (RWD), Sigumrijo, Daporijo Division, Po/Ps Daporijo, , Upper Subansiri District, Vs . Arunachal Pradesh, Dated of hearing held on : 9th March' 2021'

ORDER

Whereas,anappea|underSectionlg(3)ofRT|Act,2005hasbeenreceivedfromShriTanga ArunachaI Pradesh, for non.furnishing of Bya|ing, Sigumrijo, Po/Ps Daporijo, Upper Subansiri District, Daporijo Division, Upper information, by PubIic Information officer, Executive Engineer(RWD), pradesh, under section 6(1) of RTI Act, 2005 subansiri District, Arunacnal as sought, by the Appellant on lll}gl2O2O regarding PMGSY Scheme for the road works'

kRa i, the PIO-cu m-Executive Whereas, the 1,, hearing was held on Sth Ja nua ry'2021.ShriTalu The P|o was represented by ShriJumge Nyodu, Engineer (RWD), Daporijo Division, was found absent. JuniorEngineer(RWD),DaporijoDivision.TheAppe||antShriTangaBya|ingattendedthehearingin person.ShriJumgeNyodu,JuniorEngineerinformedtheCommissionthattheP|oisattendingthe is not able to attend the court hearing' The meeting with chief Engineer at ltanagar, so the Plo JuniorEngineerbroughttheinformationinthecourtandthesamewashandedovertothe some technical problem information could Appellant. The Junior Engineer also informed that due to prescribed stipulated period' not be furnished to the Appellant within the

has been found that the Appellant Whereas, from the record available in the commission it Road construction under PMGSY submitted his application for the information regarding various RTI Act 2005' The PIO should have furnished the Schemes on 17/09/2020 Under Section 7(l) of the application but he kept quiet The information within 3O days from the date of receipt of the the First Appellate Authority (FAA) Appellant Under section 19(l) of the Act submitted his appeal to matter' on 73/1012020. The FAA also did not take any action on the evading the Therefore, the commission viewed the absence of the Plo and deliberately date of hearing Arrest Warrant statutory duty very seriously. lf the PIO is found absent in the next of the Plo and lf the u/s 18(3)(a) of the RTI Act 2005 will be issued to enforce the attendance or incorrect' U/s information furnished to the Appellant are found to be incomplete or misleading only will be imposed on 2O(1) of the RTI Act, penalty of Rs. 25, 000/- (Rupees twenty five thousand) under the service rules will the plo. Also, U/s 20(21 of the RTI Act disciplinary action against the Plo The commission asked the be recommended to the chief secretary, Govt. of Arunachal Pradesh. in the next Appellant to go through the information and convey his satisfaction or dissatisfaction date of hearing contd..p..2 -2-

Whereas, the 2nd hearing was held on 9th Februa ry'2021.Sh ri Taluk Rai, the PIO-cu m-Executive Engineer (RWD), Daporijo Division, and the Appellant Shri Tanga Byaling were present during the hearing. The PIO informed that the Commission all the information sought by the Appellant has been furnished except for the information pertaining to the 3'd party, as the 3'd party has requested not to furnish the particular information. The Appellant informed that the PIO has furnished information sought at Sl.no. l, V, & lX of the Form-A and the information are satisfactory. The Appellant also informed that the PIO has furnished simple Sanction Order copy for information sought at Sl no. Vl. The information sought is for detail of Technical Sanction Order not simple Sanction Order.

Whereas, the Commission after hearing both the parties and on cross examining found that the information sought at Sl.no.ll, lll, V, Vll, Vlll & X of the Form- A has not been furnished and the information for Sl.no. lll pertains to third party. Since, the PIO informed that the 3'd party denied disclosing of information, the Commission giving reasonable opportunity to the 3'd party decided to summon the third party in the next date of hearing, the PIO was directed to furnish the name and address of the 3rd party. lf the third party fails to appear in the hearing it will be presumed that the third party has no objection in furnishing of the information to the Appellant by the PlO. The PIO is directed to furnish complete, correct and authenticated information for Sl.no ll, V, Vll, Vlll & X to the Appellant on or before 5th March'2021- and bring information for Sl.no. lll, in the court. Failing which penalty of Rs. 25, 000/- (Rupees Twenty five thousand) only u/s 20(1) of the RTI Act 2005 shall be imposed on the PIO in the next date of hearing.

Whereas, the 3dhearing was held on 9thMarch'202l.Shri Taluk Rai, the PIO-cum- Executive Engineer (RWD), Daporijo Division, the Appellant Shri Tanga Byaling and the Adv' Shri A.K. Singh representing the third party Shri Toi Ronya, M/s J.J. Enterprises, Dokum Colony, ltanagar (AP)were present during the hearing and the other third parties were found absent. The Appellant informed the Commission that the PIO has not furnished information as directed in the last hearing and brought unsatisfactory information just a day before the hearing to his residence. The PIO informed that the information was taken to the Appellant but the Appellant refused to receive the information. The PIO had brought the information in the court during the hearing. The Advocate of the third party objected that the third party information cannot be disclosed U/S 8(1) of the RTI Act 2005. As the same is personal information against which affects the right to Privacy. Further, section 8(1) says information including commercial confidence, trade secrets, or intellectual property, the disclosure of which would harm the trade secrets of third party. The Advocate appealed the Commission to direct the Appellant or the concern PIO to furnish the copy of the detail information sought in Form A- application, Memorandum of appeal U/S 19(1), of RTI Act 2005, Second appeal U/5 19(3), or any other application filed by appellant for furnishing documents of third party and also appealed the Commission to adjourn and fix another date for hearing.

Whereas, the Commission after the hearing the arguments and appeals of all the three parties, directed the PIO to furnish correct, complete and authenticated information for Sl.no. v, vii, viii and x to the Appellant free of cost within fifteen days from the date of issue of this order failing which Section 20(l-) of the RTI Act shall be invoked in the next hearing. The Commission also directed this Registry to furnish all the information as sought by the learned Adv. A.K. Singh vide his letter No. NIL DaIed 24.02.2021. Except for Shri Toi Ronya, M/s J.J. Enterprises, Dokum Colony, ltanagar (AP), other third party did not turn up, therefore it is presumed that all the absentee third parties do not have any objection on furnishing of their information to the Appellant by the PlO. The Commission also asked the Appellant to receive the information and convey his satisfaction or dissatisfaction in the next date of hearing.

Contd..p..3 -5-

The next date of hearing is fixed on 5th April' 2O21' at 10:30 hrs'

Therefore, Shri Taluk Rai, the PIO-cum-Executive Engineer (RWD), Daporijo Division, before this court Upper subansiri District, Arunachal Pradesh, is hereby summoned to appear in oersons on the scheduled date and time without fail' sd/- (Dr.Joram Begi) State Chief lnformation Commissioner Arunacha I Pradesh lnformation Commission Itanapar Dated, ltanagar ttre /0 March'2021 Memo No.APf c -tss t2o2o I lq 2 Copy to: 1, The Chief Engineer (RWD), Govt. of A.P. Bank Tina|i, ltanagar for information and necessary action, 2. The Superintendent Engineer (RWD), Ziro Circle, Govt. of A'P.7iro, , for information and necessary action, nsiri 3. Shri Taluk Rai, the PIO-cum-Executive Engineer(RWD), Daporijo Division, Upper Suba District , Arunachal Pradesh, Pradesh, 4. Shri Tanga Byaling, Sigumrijo, Po/Ps Daporijo, Upper Subansiri District' Arunachal Computer Programmer, APIC, ltanagar, to upload in APIC Website, 5. Shri Toi Ronya,M/sJ.J.Enterprises,Dokumcolony, ltanagarlAPl,(m\9a022a9397' 6. Shri Porsa Lote, M/s Sonia Enterprises, Daporijo(A'P') (m) 9436054003, 7. Shri Rohit More, M/S ATW (lndia)PW' LTD, Dibrugarh, Assam (m)943503561, 8. Dr. Samson Borang, M/s Sedi Allied Agency, Po/Ps, Pasighat, District East siang, A'P, (m)9a36a8339, (m) 9. Shri Ponga Gongo, M/S P.G Construction & Consultancy, Daporijo 943643740' District 10.M/s Tayo Enterprises, Rending Complex Barapani, Naharlagun, PO/PS, Naharalagun, Papum Pare, A.P. 11. M/S R.T.T Enterprise, ltanagar, , A'P' . !?Eomputet Programmer, APIC, ltanagar, to upload in APIC Website' Y3. Case file. t----

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